Deadline – 5 october 2023
At its 63rd Ordinary Session held from 24 October to 13 November 2018 in Banjul, the African Commission on Human and Peoples' Rights adopted Resolution 404 on the need to undertake a study on human rights violations against migrants - ACHPR/Res.404 (LXII) 2018 (Resolution 404).
To monitor the implementation of this resolution, the ACHPR has mandated two of its special mechanisms, namely the mechanism of the Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internally Displaced Persons in Africa and the mechanism of the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa (the two special mechanisms).
The Commission has adopted a progressive approach to the implementation of Resolution 404, leading in 2019 to the adoption of a "Pilot Study on Migration and Respect for Human Rights: Focus on Niger's Responses". The pilot study focused on the migration route from Niger to North Africa and provided an overview of the main human rights challenges faced by migrants during their journey. This pilot study was a starting point; its findings were intended to provide relevant guidelines for a more comprehensive study covering all regions of the African continent and addressing the main issues relating to respect for migrants' fundamental rights.
The pilot study highlighted a range of alleged human rights violations against migrants at different stages of their migration journey, particularly during transit and in destination countries. The information gathered as part of the study highlighted the responsibility of various actors in the alleged infringements and violations of migrants' rights. In particular, the study highlighted the significant responsibility of law enforcement officers in the violations committed, according to the allegations of victims and several reports.
Based on the results of this pilot study and taking into account other ACHPR research initiatives on migration and human rights, the Commission's Special Rapporteurs mandated to implement Resolution 404 decided to focus the global study on "the impact of law enforcement on the human rights of asylum seekers, refugees and migrants in Africa".
In view of the obligation of States to respect, promote and protect human rights, this study essentially addresses three points, namely (1) the legal framework and its impact on respect for the rights of asylum seekers, refugees and migrants, (2) migration governance and its impact on the behaviour of law enforcement officers in their dealings with asylum seekers, refugees and migrants, and (3) challenges and prospects, illustrating these through a number of examples. Due to limited resources, availability of information and topicality, the majority of the examples cited in the study relate to certain focus countries, notably Kenya, South Africa, Tunisia and Niger.
As part of the consultative process and in line with applicable best practices of the African Commission, the Special Rapporteurs hereby publish the draft study and the Guidelines (available on the links below) and invite all stakeholders to provide their inputs on these two documents to the African Commission.
Contributions should be sent to the Secretariat of the African Commission by email au-banjul@africa-union.org; nkounkoue@africa-union.org; jota@humanrights.dk. No later than 5 October 2023
(all emails must be copied)
